- (1.) HEARD learned counsel for the parties.
(2.) THIS is second bail application under Section 439 Cr.P.C. First bail application of the petitioner was dismissed as withdrawn with liberty to move fresh bail application before trial court, in view of the fact that statements of some of the prosecution witnesses had been recorded after rejection of bail application by the trial on 17.08.2009. Learned counsel for the petitioner argued that there are total 22 prosecution witnesses as per list of witnesses and out of them only eight witnesses have been examined by the prosecution till 27.08.2010 and thereafter prosecution witnesses are not coming for deposing their statements, therefore, no statement could be recorded in last more than five months. He further submitted that P.W. 7 Kalulal, one of the eye witness, has stated that the petitioner Ram Kalyan was having sword and he inflicted injury on the person of deceased Nand Bihari by sword, whereas from the statement of P.W. 3 Dr. Arun Sharma, who conducted Post Mortem of the deceased Nand Bihari, it is clear that there is no injury by sword on the person of the deceased. He also submitted that P.W. 8 Brijraj is also eye-witness of the incident, who has not specifically assigned any injury by any particular weapon against the petitioner. He admitted in his cross-examination that Ram Kalyan inflicted a lathi blow on the person of the deceased and thereafter, Ram Kalyan threw stones on the person of complainant party. He, therefore, contended that there is material contradiction between two eye witnesses namely P.W. 7 Kalulal and P.W. 8 Brijraj; conclusion of trial is likely to take time, the petitioner is in judicial custody since 23.03.2009, therefore, it will be just and proper, in the interest of justice, to release the petitioner on bail. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and the submissions of learned counsel for the petitioner, material contradiction in the statements of P.W. 7 Kalulal and P.W. 8 Brijraj and further that the petitioner is in judicial custody for last about 22 months and conclusion of trial is likely to take time, but without expressing any opinion on merits and demerits of the case, I am inclined to allow this second bail application and the same is hereby allowed.
(3.) IT is directed that the petitioner Ram Kalyan S/o. Shri Radha Kishan shall be released on bail under Section 439 Cr.P.C. in F.I.R. No. 42/2009 Police Station Sangod, District Kota(Sessions Case No. 40/2009 pending in the Court of Additional Sessions Judge(Fast Track) No. 1, Kota) provided he furnishes a personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousands) with two sureties of Rs. 25,000/-(Rupees Twenty Five Thousands) each to the satisfaction of the trial court to appear before that court on all dates and as and when he is called upon to do so by the trial court.;